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2 Statistics Canada Catalogue no XPE Vol. 18 no. 4 THE CHANGING NATURE OF FRAUD IN CANADA by Derek E. Janhevich* HIGHLIGHTS n n In 1996, there were approximately 101,000 frauds reported by the police, accounting for 7% of all property crimes. The total number of frauds represented a rate of 337 per 100,000 population, the lowest rate in twenty years. This downward trend is largely attributed to significant decreases in reporting of cheque frauds. Credit card and other frauds increased substantially between 1977 and Despite yearly fluctuations, rates have increased only slightly since However, credit card fraud rates in particular have increased significantly in the last two years. n Saskatchewan reported the highest provincial/territorial fraud rate for the fifth consecutive year in 1996 (540 per 100,000 population). Quebec, Newfoundland, Ontario and the Northwest Territories recorded rates below the national average of 337 per 100,000 population. n n n n Compared to most property crimes, frauds are more likely to be solved by the police. In 1996, nearly two in three (63%) fraud offences were solved by the police, while break and enters (16%), motor vehicle theft (12%), theft over $5,000 (18%), and theft $5,000 and under (20%) all demonstrated clearance rates well below this proportion. Persons accused of fraud offences are generally older than those accused of other property crimes. The median age for those accused of fraud was 29 years, compared to a median age of 21 for other property offenders. Probation was the most common sentence for fraud offences. The median length of a probation sentence was 450 days; the median length for a prison term was 60 days; and the median fine amount was $200. In 53% of cases known to police, fraud incidents were aimed against a commercial enterprise and in a further 28%, the target was a bank or financial institution. * Integration and Analysis Program Statistics Canada Statistique Canada

3 Ordering/Subscription information All prices exclude sales tax Catalogue no XPE, is published in a paper version for $10.00 per issue or $93.00 for an annual subscription in Canada. Outside Canada the cost is US$10.00 per issue or US$93.00 for an annual subscription. Please send orders to Statistics Canada, Operations and Integration Division, Circulation Management, 120 Parkdale Avenue, Ottawa, Ontario, K1A 0T6 or by dialling (613) or , by fax (613) or or by Internet: order@statcan.ca. For change of address, please provide both old and new addresses. Statistics Canada publications may also be purchased from authorized agents, bookstores and local Statistics Canada offices. February 1998 ISSN X Published by authority of the Minister responsible for Statistics Canada. Minister of Industry, 1998 All rights reserved.no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission from Licence Services, Marketing Division, Statistics Canada, Ottawa, Ontario, Canada K1A 0T6. Note of appreciation Canada owes the success of its statistical system to a long-standing cooperation involving Statistics Canada, the citizens of Canada, its businesses, governments and other institutions. Accurate and timely statistical information could not be produced without their continued co-operation and goodwill. Standards of service to the public Statistics Canada is committed to serving its clients in a prompt, reliable and courteous manner and in the official language of their choice. To this end, the agency has developed standards of service which its employees observe in serving its clients. To obtain a copy of these service standards, please contact your nearest Statistics Canada Regional Reference Centre. The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences Permanence of Paper for Printed Library Materials, ANSI Z Introduction This Juristat provides a statistical profile of fraud in Canada. It examines trends in fraud offences, characteristics of incidents and offenders, as well as certain adult court and sentencing information. These data suggest that the nature of fraud offences has changed considerably over the years; however, official police and court data are limited sources of information in some respects. As a result, additional information from qualitative studies is used to supplement the data in order to provide context to the overall issue of fraud and certain aspects of white collar crime. 1 Conceptualizing fraud Before it was criminalized, fraud was first dealt with under private law or civil law. It was in 1892 that an offence of conspiracy to defraud was introduced in the first Criminal Code of Canada. Fraud is often characterized as a form of white collar crime, corporate crime, or organized crime. Box 1 Fraud Defined The principle data sources for this report are the Uniform Crime Reporting Survey (UCR) as well as the Revised (incident based) UCR survey. Both report three types of fraud: cheque fraud, credit-card fraud, and other fraud. Cheque fraud implies the fraudulent use of a promissory note (cheque), traveller s cheque, money order, postal order or any facsimile of a cheque. This includes all false pretence, forgery, uttering and fraud offences involving cheques. The term credit-card describes a wide assortment of plastic cards (and non-plastic coupons) that are used to obtain credit, money, goods and services, either upon the direct presentation of the card or through an automated teller machine. These include all cards issued by department stores, oil companies, financial institutions, and others. Credit-card fraud includes all fraudulent type offences involving the use and/or theft of credit cards. Any other type of fraud not already mentioned is defined as other fraud and could include: criminal breach of trust, false pretences, forgery and uttering, destroying or falsifying books and documents, trademark forgery and frauds, unauthorized use of computers, mail fraud, telemarketing fraud, insurance fraud, fraudulent manipulation of the stock exchange, etc. Unfortunately, these offences are grouped in the surveys together and there is no way of distinguishing one from another. These three categories will constitute the bulk of the analysis in this Juristat. Due to coding criteria of the UCR survey, not all fraud related offences are catalogued under the fraud category. Some offences such as Frauds upon government and Forging a passport are catalogued under Other Criminal Code offences, and there is no way to isolate these specific offences from the general categories. In addition, scoring of these offences often presents difficulty relating to the definition of a separate incident. A single fraud incident can involve multiple fraudulent actions. For example, in credit card fraud cases where one credit card is used over a period of time, only one offence is scored. The revised UCR survey provides a counter to indicate the number of fraudulent actions in a fraud incident. Although the UCR surveys do not provide a breakdown on the type of fraud committed, the Adult Criminal Court Survey (ACCS) specifies with which Criminal Code section that persons appearing in adult court were charged. The ACCS covers only cases heard in adult court, but it can be used as an indicator of the types of fraud charges laid. In , the majority of fraud cases were related to common type frauds (s.380 CC). Type of Fraud in Adult Court Criminal Cases, Type of fraud/criminal Code Section # % s.380 Fraud 9, s.362 Obtaining by false pretence, fraud, or false statement 2, s.368 Uttering forged document 2, s.342 Theft, forgery, etc. of credtit card 1, s.403 Personation with intent 1,644 8 s.367 Forgery s.393 Fraud in relation to fares and transporation s.364 Fraudulently obtaining food and lodging Other Total 21, Source: Canadian Centre for Justice Statistics, Adult Criminal Court Survey, For more details regarding the data sources, refer to the text boxes entitled Methodological Notes and Fraud Defined. 2 Statistics Canada Catalogue no XPE, Vol. 18, No. 4

4 The concept of white collar crime was first introduced by Edwin Sutherland over half a century ago. In his original explanation, Sutherland (1940) noted that these crimes were actions and conspiracies by the wealthy classes who used their position in society for personal gain without regard for the law. These actions tended to be dealt with in civil law (since most persons were intent on getting back their losses), and were not the subject of criminological study. Over the years, the concept of white collar crime has broadened in scope to include numerous occupational violations of the law, and unlike Sutherland s original concept, such crimes are committed by persons in all social classes (Geis, 1974). Although fraud and other forms of white collar and corporate crime are not usually viewed in the same light as violent crime or youth crime, they do result in significant costs to society. Additionally, the damage to social relations is often greater than the financial losses, since white collar crimes can violate a sense of trust, lower social morale and have a negative effect on the organization of society (Sutherland, 1940). More recently, numerous attempts have been made to examine and understand the complex nature of this offence (c.f. Bequai, 1978; Clinard, 1952; Geis & Stotland, 1980). From these efforts, several obstacles to studying fraud have emerged including: the infrequency of reporting, detection, and prosecution; the impact on the victim which is often difficult to assess; and an overall ambivalence over the issue, especially when the general public, law enforcement, and policy makers are more concerned with conventional crimes such as street crime, violent crime and youth crime (Nightingale, 1996). Many of these themes will be examined throughout this report. For the purposes of this Juristat, fraud can be defined as any attempt through deceit or falsehood to obtain goods, services or financial gain without legitimate rights (for further information refer to Box 1 - Fraud Defined). Fraud incorporates a wide array of criminal activities ranging from simple credit card theft to complex electronic money transfer schemes and personal identity scams. National Trends: a Twenty Year Perspective Generally, total reported fraud offences in Canada have shown significant decreases; however, some types of frauds have recently shown different patterns. As will be discussed, numerous factors such as overall under-reporting, levels of police activity, the reporting practices of businesses and corporations, the use of private security agencies, and overall changes in consumer behaviour may all have had an impact on these changing patterns. For instance, various police agencies may have specialized fraud squads or a specific type of fraud will periodically be the focus of investigative work (e.g. sting operations) which may increase the likelihood of detection. In other instances, fiscal restraint may render the investigation of such crimes a lower priority, thereby reducing the likelihood of detection. These operational procedures are also common practice vis-à-vis crimes like prostitution and gaming offences. Box 2 Methodological Notes The findings in this report are largely drawn from the Aggregate Uniform Crime Reporting (UCR) Survey, the Revised (incident based) UCR Survey, as well as the Adult Criminal Courts Survey (ACCS). Other sources and studies have been referenced in order to provide added contextual and qualitative information otherwise not available in the Canadian Centre for Justice Statistics surveys. The reader is cautioned to take note of these data sources when referring to the analysis, graphs, and tables. Aggregate UCR Survey Since 1962, the UCR has provided basic police-reported information on violent, property and other crimes. This survey records the number of incidents reported by the police. Variables include: the number of reported offences, the number of actual offences (excludes unfounded incidents), offences cleared by charges, persons charged by sex and adult/youth status. Only the most serious offence in an incident is recorded, thus under-representing the volume of less serious offences. Revised UCR Survey Since 1988, the revised survey has captured detailed information on individual criminal incidents reported by the police. Variables go beyond those of the aggregate survey and include characteristics of the incidents, victims of violent crime, and accused persons. As a general rule, analysis of revised UCR data is normally conducted on the most serious offence in an incident, however up to four offences (ranked) can be recorded. In 1996, 154 police agencies in six provinces reported to the revised survey, and the collected data represented 47% of the national volume of Criminal Code incidents. The reader is cautioned to note that these data are not nationally representative, and other than Quebec, the data are primarily from urban police departments. Adult Criminal Courts Survey (ACCS) This survey examines criminal court case characteristics on federal statute charges which are collected by the CCJS in collaboration with provincial and territorial governments responsible for provincial/territorial criminal courts. The main unit of analysis is the case, which is defined as one or more charges laid against an individual which are disposed of in court in the same day. The individuals in question are adults (18 years and over), companies, and youths transferred to adult court. Currently, provincial criminal courts in seven provinces and two territories (representing 80% of the national provincial criminal court case load) report to the ACCS. Cheque frauds down, credit card frauds up In 1996, there were a total 101,007 frauds reported by the police, the lowest number of fraud incidents since Frauds accounted for 7% of all property crimes. The rate of fraud (337 per 100,000 population) dropped by 4% in 1996, the fifth consecutive annual drop, marking the lowest rate in the last twenty years. (Figure 1). Since 1992, the rate has dropped 24% and it remains 32% lower than the 1986 peak rate of 498 per 100,000 population (Table 1). Despite the significant decrease in fraud offences over the last five years, not all categories of fraud show the same trend. The main contributing factor to the decrease in total fraud offences has been a significant reduction in the number of cheque frauds. An historical examination of the three types of fraud as a proportion of the total number of reported frauds reveals the following picture: In 1977, cheque fraud accounted for 70% of all frauds reported by the police; however, this proportion dropped to 60% by 1986 and currently stands at 40% (Figure 2). In the last decade, the rate (per 100,000 population) of cheque fraud has decreased by more than half (55%) (Table 1). Statistics Canada Catalogue no XPE, Vol. 18, No.4 3

5 Table 1 Fraud Trends, Year Population Cheque Fraud Credit Card Fraud Other Fraud Total Fraud Number Rate % Change of Number Rate % Change of Number Rate % Change of Number Rate % Change of Rate Over Rate Over Rate Over Rate Over Previous Year Previous Year Previous Year Previous Year ,796,383 59, , , , ,036,347 61, , , , ,276,926 62, , , , ,593,341 67, , , , ,899,999 70, , , , ,201,902 72, , , , ,456,302 70, , , , ,701,754 74, , , , ,941,647 74, , , , ,203,819 78, , , , ,549,745 74, , , , ,894,785 72, , , , ,379,348 72, , , , ,790,593 74, , , , ,120,065 74, , , , ,542,213 66, , , , ,946,768 56, , , , ,255,599 46, , , , ,615,325 44, , , , ,963,631 40, , , , % Change in Rate 1977 to to to to Source: Canadian Centre for Justice Statistics, Uniform Crime Reporting Survey, Rates are calculated based on 100,000 population. 4 Statistics Canada Catalogue no XPE, Vol. 18, No. 4

6 Credit card offence rates increased dramatically (144%) from 1977 to The 1996 rate is the same as the 1986 rate; however, during this period substantial increases and decreases are noted. The credit card rate has increased in the last two years, up 12% from 1994 to 1995, and up 13% from 1995 to (Table 1). As a proportion of the total number, credit card frauds increased from 7% in 1977 to 17% in 1996 (Figure 2). Like credit card frauds, the rate of other frauds increased substantially (66%) from 1977 to 1986, and despite some yearly fluctuations, the rate has only increased slightly (4%) in the last decade. As a proportion of all frauds, this category increased from 23% in 1977 to 28% in 1986, to 43% in 1995 and Figure 1 Rate per 100,000 population Trends in fraud rate, Canada, Total fraud Cheque fraud Other fraud Credit card fraud Source: Canadian Centre for Justice Statistics, Uniform Crime Reporting Survey, Figure Proportion of type of fraud, Canada, 1977, 1986, % 60% 7% 23% % 28% 43% 12% 17% Cheques Credit cards Other Source: Canadian Centre for Justice Statistics, Uniform Crime Reporting Survey, Changing patterns linked to many factors A possible explanation for the decrease in overall reported fraud offences is that the types of frauds being committed have changed dramatically and that these new types of fraud are more difficult to detect. The complexity of science and technology (especially when computer technology is used as an instrument of fraud) may have made it more difficult to track down offenders (Nightingale, 1996). In addition, the levelling off or even dropping of police budgets may have rendered the task an even more difficult one. It may be difficult to generate fraud tracking resources when the public is much more concerned with traditional issues of crime control. Moreover, private policing and security agencies are often hired to investigate frauds, petty thefts and other white collar activity in the corporate sector. Corporations may do this in order to assert greater control over the situation and may even be reluctant to let the police or public know of their internal problems fearing a tarnished image (Swol, 1997). Consequently, this could have an impact on fraud statistics reported by the police. Changes in consumer behaviour and changes in technology have altered the opportunities for fraud offences. For example, new methods of payment (i.e. automated teller machines, increased use of credit cards, automated bill payment, direct withdrawals, etc.) have rendered other forms such as cheques less common. Consequently, this may have had an effect on the decreasing number of cheque frauds being committed each year. In 1994, the Canadian Bankers Association noted that there were approximately 27 million credit cards from financial institutions in circulation, generating over $60 billion in sales. This compares to 25 million cards in the previous year which brought in sales worth $40 billion. Another possible explanation relates to the theory of crime displacement. According to this perspective, changes in criminal opportunities will motivate a significant proportion of offenders to switch criminal activity, and an apparent crime wave will parallel decreases in other related offences (Mativat & Tremblay, 1997). The shifts in types of fraud crimes show support for a crime displacement model. However, in one study on crime switching opportunities between stolen credit card offences and counterfeit credit card crimes, Mativat & Tremblay (1997) found little support for displacement theory. The absence of displacement was partly due to low differences in pay-off, as well as a lack of opportunity due to certain offender characteristics. Since no displacement was noticed within a tightly related crime category (credit card theft and counterfeiting), a displacement from cheque to other more sophisticated types of fraud, which are unrelated, would seem unlikely. An interesting pattern is noted when comparing trends in the unemployment rate and credit card fraud rates. Generally, when the unemployment rate increases or decreases, the credit card rate follows a similar pattern (Figure 3). This suggest a possible link between this particular type of fraud and economic need. This relationship is only noted for credit card fraud. Statistics Canada Catalogue no XPE, Vol. 18, No.4 5

7 Figure 3 Unemployment rate (%) Unemployment rate and credit card fraud rate, Credit card fraud rate Unemployment rate Credit card fraud rate Rate per 100,000 population Sources: Household Surveys Division, Labour Force Survey; Canadian Centre for Justice Statistics, Uniform Crime Reporting Survey, Total fraud rates higher in non-census Metropolitan Areas 2 It is a common assumption that crime rates in and around larger urban areas are higher than rates in smaller communities. The RCMP has noted that counterfeit credit card rings in cities such as Vancouver, Toronto, and Montreal, which experience various types of gang activity, present opportunities which are conducive for such criminal activity to flourish (Clarke, 1995:3). A look at 24 of Canada s Census Metropolitan Areas (CMA) reveals that total fraud rates in 1996 are in fact higher in smaller CMAs and non-cmas than in larger CMAs. Furthermore, non-cmas have total fraud rates which are higher than the national average. 2 To facilitate urban crime analysis, CCJS also uses geographical units known as the Census Metropolitan Area (CMA). A CMA represents an urbanized core of at least 100,000 population and includes adjacent urban and rural areas which have a high degree of social and economic integration. The configuration of such units has facilitated comparisons among different sized communities. Table 2 Frauds by Census Metropolitan Area (CMA), Population 2 Cheque Fraud Credit Card Fraud Other Fraud Total Fraud Number Rate Number Rate Number Rate Number Rate Larger CMAs Toronto 4,410,269 3, , , , Montreal 3,365,160 3, , , , Vancouver 1,883,679 1, , , , Ottawa-Hull 1,039,307 1, , , Edmonton 890,771 1, , , , Calgary 853,711 1, , Quebec 699, , Winnipeg 680, , Hamilton 657, , Total for Larger CMAs 14,479,447 13, , , , Smaller CMAs Kitchener 427, , St.Catherines-Niagara 422, , London 420, , Halifax 344, , Victoria 315, , Windsor 294, , Saskatoon 223, , Regina 199, St. John s 175, Chicoutimi-Jonquière 167, Sudbury 166, Sherbrooke 148, Trois-Rivières 142, Thunder Bay 130, Saint John 129, Total for Smaller CMAs 3,706,512 6, , , , Total CMA 18,185,959 20, , , , Total Non-CMA 11,777,641 20, , , , Total Canada 29,963,600 40, , , , Source: Canadian Centre for Justice Statistics, Uniform Crime Reporting Survey, Rates are calculated based on 100,000 population. 1 Excludes Oshawa CMA. 2 Population estimates are from Demography Division and have been adjusted in situations where policing and CMA boundaries are inconsistent. 6 Statistics Canada Catalogue no XPE, Vol. 18, No. 4

8 This trend is not apparent in all types of fraud however, as credit card fraud rates are higher in CMAs than in non-cmas, and higher than the national average. The credit card fraud rate is also higher overall in larger CMAs than in smaller CMAs (Table 2). However, the highest rate of credit card fraud did not occur in one of Canada s largest CMAs. In 1996, Victoria reported the highest credit card fraud rate, and this trend has been consistent since 1991 (when CMA crime data were first available). Fraud rates highest in Saskatchewan In 1996, Quebec, Newfoundland, Ontario, and the Northwest Territories had total fraud rates below the national average (Figure 4). Saskatchewan reported the highest provincial rate per 100,000 population for the fifth consecutive year (540), and except for 1987 and 1992, it has maintained this trend since Unlike the national trend, Prince Edward Island, Newfoundland, and New Brunswick have recorded increases in overall fraud rates in the last ten years. Figure 4 Rate per 100,000 population Fraud rates by province/territory, Canada Sask. P.E.I. Alta. Yukon N.S. B.C. N.B. Man. N.W.T. Ont. Nfld. Que. Source: Canadian Centre for Justice Statistics, Uniform Crime Reporting Survey, Characteristics of Fraud There are many distinguishing characteristics of fraud offences which make them unique among property crimes. For instance, the overall costs associated with fraud offences, as a direct and indirect consequence of such crimes, may exceed the costs of other property crimes, and in certain types of fraud offences victimization patterns are different. In addition, fraud offenders have a different profile than those apprehended for other types of property crime, such as break and enter or theft. Each of these aspects will be examined in further detail. 250 The financial losses due to fraud Even though the social outcry concerning fraud offences is typically less pronounced than for some other crimes, fraud encompasses some heavy costs. Some possible reasons for the lower social concern are numerous: the perceived low level of social harm that results; the tendency to view aspects of the conduct as socially acceptable (e.g. shrewd economic behaviour ); the lack of sympathy that victims receive because of their possible precipitating behaviours (i.e. the victim should have known better or the company deserved it ); or the sometimes affluent nature of offenders (Nightingale, 1996). Insurance fraud, for example, is a growing concern for the Insurance Bureau of Canada (IBC) and the Insurance Crime Prevention Bureau. It is believed that at least 10% to 15% of automobile, household and commercial claims are fraudulently fabricated or inflated, costing approximately $1.3 billion annually to policyholders (Insurance Bureau of Canada, 1996:15, see Box 3). Box 3 Facts About Insurance Fraud In June 1994, the IBC-backed Canadian Coalition Against Insurance Fraud was founded to implement a series of actions to try and reduce the annual $1.3 billion cost of property and casualty insurance fraud. With its more than 60 members, the Coalition represents groups affected by fraud including the private insurance industry, police and fire services, consumer advocacy groups and public auto insurers. Actions aimed at curbing the high toll of insurance scams include public awareness, changing business practices, improved investigative and enforcement techniques, improved understanding of the problem, and changes to the legal and regulatory environment. The Coalition defines insurance fraud as: any act or omission with a view to illegally obtaining an insurance benefit in other words, any action where claimants receive money that they were not entitled to. The Coalition s efforts have produced the following: l Insurance fraud includes a wide array of activities: completely fabricated claims, exaggeration or padding of genuine claims, false statements on insurance applications, and all types of internal fraud. l Insurance fraud costs approximately $1.3 billion and an additional $1 billion per year in police and fire resources. Health costs to victims and fire fighters are other unmeasured costs. l In North America, insurance fraud is estimated to be second to illegal drug sales in the source of criminal profits. l All insurance fraud is a crime including opportunistic actions like exaggerating a genuine claim. l In a 1996 public opinion poll regarding insurance fraud, 43% of Canadians agreed it was easy to successfully defraud an insurance company; 78% understood that fraud had an impact on the cost of insurance; and 50% believed it was common to exaggerate claims Source: Insurance Bureau of Canada, Canadian Coalition Against Insurance Fraud, 1996 Statistics Canada Catalogue no XPE, Vol. 18, No.4 7

9 According to the Canadian Bankers Association (CBA), in 1996, credit card frauds (e.g. Visa, Mastercard, American Express) incurred a cost totalling $83 million, approximately one-third of which stemmed from counterfeiting. This amount is a substantial increase from the $72.6 million lost in 1995 and the $28.9 million recorded in 1990 (CBA, Security Division, 1996). Credit card fraud was the most frequent type of external fraud where financial institutions and retail operations fell victim (KPMG, 1997). Since some fraud incidents involve amounts that run into the multi-million dollar range, and some result in no monetary losses, an average amount is not the best indicator of typical costs of fraud. A better indicator is the median dollar loss which represents the midpoint of values lost per fraudulent incident. In 1996, the median dollar loss per fraudulent incident was $480. Nearly seven in ten cases of fraud (where the dollar amount was known) involved a dollar value loss of less than $1000. Approximately 1% involved incidents where the loss was over $100,000 (Table 3). Some incidents had amounts that reached millions of dollars. The revised UCR survey indicates that the median loss on a cheque fraud incident was $462, while the median amount for credit card incidents was higher at $585. Other frauds were lowest at $ According to KPMG s 1997 Fraud Survey Report, cheque forgery and counterfeiting were the most common types of internal employee fraud, accounting for 27% of all internal fraudulent activity by employees. Internal fraud refers to fraudulent activity occurring within the confines of a particular corporation. The activity may involve either employees or managers. Frauds have high clearance rates An incident is considered to be solved by the police or cleared when there is sufficient evidence to lay a charge against a suspect. The incident is either cleared by a charge or cleared otherwise. The latter category indicates that despite sufficient evidence to lay a charge against an accused, none was laid due to a number of reasons, such as either the complainant or police refused to lay a charge, the accused was less than 12 years old, or the accused dies before charges were laid. Property crimes normally have much lower clearance rates than violent and other types of offences. For instance, in 1996, 73% of all reported violent offences were solved by the police, compared to 42% for other Criminal Code offences (i.e. mischief, arson, disturbing the peace) and only 22% for all property crimes. Table 4 indicates that in 1996, the clearance rate for fraud offences was much higher than most property crimes (63%). Only possession of stolen goods presented a clearance rate greater than frauds (93%). Approximately 4 in 10 fraud offences resulted in the laying of a charge and a further 20% were cleared otherwise. The proportion of cleared fraud offences was nearly three times that of total property crimes. 3 The reader is cautioned to note that these amounts may be slightly inflated because other criminal events, such as theft, may be included in the fraud incident. Dollar values are calculated for all offences within an incident. Table 3 Fraud Offence by Dollar Value of Property Stolen 1, 1996 Dollar Value % Cheque % Credit Card % Other % Total Grouping Fraud Fraud Fraud Fraud < ,000-4, ,000-9, ,000-99, ,000 and more Total Median amount $ 462 $ 585 $ 325 $ 480 Source: Canadian Centre for Justice Statistics, Revised Uniform Crime Reporting Survey, Represents a non-random sample of 154 police agencies accounting for 47% of the national volume of crime. The data are not nationally representative. 1 Excluded are cases where although a fraud took place, the amount was unknown or no amount was stolen. These incidents represented 22% of the total. 2 Due to rounding totals may not add up to Amount too small to be expressed. 8 Statistics Canada Catalogue no XPE, Vol. 18, No. 4

10 Table 4 Clearance Status for Property Offences, 1996 Type of Property Offence Number of Incidents Cleared by Charge Cleared Otherwise Total Cleared Number % Number % Number % Total Cleared Break and enter 396,085 40, , , Motor vehicle theft 178,580 14, , , Theft over $5,000 28,144 3, , , Theft under $5, , , , , Have stolen goods 30,599 25, , , Fraud 101,007 44, , , Cheques 40,343 18, , , Credit Cards 17,405 6, , , Other Frauds 43,259 19, , , Total Property 1,555, , , , Source: Canadian Centre for Justice Statistics, Uniform Crime Reporting Survey, Box 4 Issues Surrounding Computer Related Crime From a criminal justice point of view, computers and the world of information technology offer numerous practical and legal challenges. They have created new crimes, offered offenders novel ways to achieve old objectives, and provided investigators with a new tool (whether the crime is computer-related or not). Computer related crimes range from theft of components to the actual utilization of various telecommunications tools, internet access, and hacking techniques. The theft of computer components may be related to fraudulent practices; however not all computer crimes are frauds. There is a common misconception that the Internet has created a new type of crime. In fact, the Internet has provided a new avenue for traditional crimes such as hate propaganda, theft, and fraud to flourish. Furthermore, criminal organizations can use the internet to access information, communicate, and facilitate criminal activities. The use of encryptions are often used to mask and hide illegal information (RCMP, 1997). Telecommunications fraud is a relatively recent development that enables organizations to access telecommunication services by some deceitful act. This is accomplished by technological manipulation (e.g. hacking) or through the theft of activated cellular phones. Cellular telephones are also subject to the avoidance of billing systems, which is accomplished through the modification of their computer components. Too often, victims of computer and telecommunication fraud are unable to provide meaningful assistance to police investigators. There are many complex issues that have rendered computer related and cyber related offences undetectable. Source: Davis & Hutchison, 1997; McPhie, 1996; RCMP, Charges lowest in twenty years Fraud offences have a higher proportion of incidents cleared by charge than most other property crimes. In 1996, the proportion was the lowest in twenty years. Since 1987, the figure has steadily decreased from 56% to 44% in This general trend is noted for all types of fraud offences. Incidents cleared by charge for credit card frauds (40%) and other frauds (44%) are the lowest in the last ten years. This perhaps reflects the changing nature and type of frauds being committed and the difficulty of detection and investigation compared to ten years ago. Compared to other property crimes, fraud offences have a higher proportion of incidents that are dealt with in ways other than laying a charge (Table 4). As noted above, there are a number of reasons why charges may not be laid by the police. The revised (incident based) UCR survey provides a breakdown of why some incidents are dealt with in alternate ways. 4 In 1996, of those incidents that were cleared otherwise, the most common reason was because the complainant preferred not to have charges laid (35%). Other studies suggest that in many of the cases, no charges were laid if offenders agreed to reimburse merchants or commercial enterprises for losses incurred (Morrison and Leroux, 1990). Police used their own discretion not to lay charges in 32% of fraud incidents, and in a further 23%, charges were not laid due to reasons beyond the control of the police department. The remainder were not processed because the accused was already involved in another incident (7%) or due to other reasons (4%). How many frauds per incident? A single fraudulent incident can involve multiple fraudulent transactions. For example, the finding, theft, or counterfeit reproduction of cheques or credit cards can result in them being used more than once (McPhie, 1995). A credit card can be utilized in many different stores, and although only one incident of fraud is reported to the police (i.e. the stolen credit card) there may have been numerous victims. In 1996, over eight in ten (84%) incidents of fraud involved the single commission of a fraudulent act. In a further 12%, between two and five frauds were counted for each incident, and the remainder (4%) involved over six fraudulent actions. Credit card fraud reported the highest proportion (26%) of incidents with more than one fraudulent action, and other frauds reported the lowest proportion (8%). 5 Although most fraud incidents involved a single fraudulent action, certain types of fraud, especially credit card, have a broader impact than what may be reflected in reported incidents. 4 The reader is cautioned to note that since coverage of the revised UCR survey is not nationally representative, overall data and total proportions will not match those reflected in aggregate UCR data. 5 Analysis reflects only those incidents where the number of fraudulent transactions was known. Statistics Canada Catalogue no XPE, Vol. 18, No.4 9

11 Box 5 Telemarketing Scams Project Phonebusters is a National Task Force that has become the central source for telemarketing complaints throughout Canada. It was established in January 1993 by the OPP, RCMP, Industry Canada, Ministry of Consumer and Commercial Relations and the Canadian Banker s Association. Since then, partnerships have been extended to include the Canadian Couriers Association, Alberta Municipal Affairs, and all Better Business Bureaus across North America. Telemarketing involves the planned and professional use of telephones as a tool to advertise, market, or provide service functions to both consumers and businesses. Telemarketing has made business ventures much more efficient and effective since geographic and physical limitations are eliminated, allowing consumers and businesses to access markets otherwise inaccessible. Telemarketing has become the credit card industry s most important marketing medium (Federal Bureau of Investigation, 1994). Although businesses utilize multiple telephone solicitations and mass mailings to conduct legitimate business, there are numerous telemarketing schemes that defraud the unsuspecting consumer through misrepresentations and promises. According to Project Phonebusters, telemarketing fraud nets an estimated $100 million annually in Canada and over $3 billion in the United States. Illegal telemarketers entice victims by offering tantalizing deals or prizes such as savings bonds, financial investments, trips, cars, boats, jewellery, and products of all varieties. Not only are persons called, but post cards and packages of the sweepstakes variety are also often used as a tool to attract potential buyers. The illegal telemarketers request cheques, credit card numbers, or money orders as a means to pay for the items purchased. Subsequently, the goods are either never delivered or are not of the value originally outlined in the product description. For example, toy boats or cheap jewellery might be sent. Higher-loss victims are persuaded to purchase land, stocks, or phoney franchises. Payments are made by cheque or wire transfer and each scam can be worth thousands of dollars. Project Phonebusters notes that at least one Canadian per week loses more than $50,000, and entire life savings are sometimes lost. In 1996, Phonebusters reported 15,578 complaints of fraud attempts and 2,676 victims of fraud in Canada, totalling over $6.9 million in losses. The average dollar loss per victim was approximately $2,600. Often, the victims are elderly people who are less apt to report their victimization due to embarrassment. Phonebusters estimates that only 5% of all complaints (and attempts) are reported to proper authorities. A 1992 U.S. study indicated that 31% of those defrauded due to telemarketing scams reported their victimization (as cited in McPhie, 1995). In addition to telephone telemarketing scams, the use of internet web sites as a means of purchasing goods and services is also inundated with fraudulent practices. These sites often request credit card numbers as the mode of payment. Industry Canada has produced a video concerning various fraudulent scams. The video entitled SCAM ALERT can be obtained at no cost from Industry Canada by calling (800) Here are a few helpful Dos and Don ts on how to avoid victimization of telemarketing fraud: DON T: l Believe skeptical offers that sound too good to be true ; l Be fooled by a promise of a valuable prize in return for a low cost purchase; l Give out information about your credit card number/expiry date, bank account information over the telephone or through the internet unless you know with whom you are dealing; l Be pressured into making any decisions with which you feel uncomfortable; l Be afraid to hang up the phone; l Invest or spend more money than you can afford to lose; DO: l Ask companies their name, address, phone number, and references or any other information that may be helpful; l Check with your local Better Business Bureau or any consumer protection agency before any purchase is made; l Report incidents of telemarketing fraud to your local Better Business Bureau and police department. Source: Phonebusters - a National Task Force Combating Telemarketing Fraud, 1997 The Victim The victim of a fraud may be an individual, an identifiable group of persons, a corporate entity, or a group of corporations (Nightingale, 1996). In addition, there are several indirect repercussions from fraud that affect the larger public. When dealing with the corporation as victim, shareholders, employees, and creditors are all affected and the general public bears much of the cost as well (Nightingale, 1996). The consequences of such economic crimes inevitably lead to an increase in the price of goods, insurance premiums, taxes, and the overall cost of living. An individual can be the victim of a credit card fraud even though banks or financial institutions incur the costs. Moreover, telemarketing frauds are one example of how specific individuals can be directly victimized by fraudulent practices. Project Phonebusters reports that between January and May 1997 over half (51%) of the victims of telemarketing scams that paid out money were over 60 years old and this age group represented 73% of those victimized for scams worth over $5,000 (See Box 5). Because of its unique victim characteristics, fraud is relatively different from other conventional crimes, since often, the victim is not initially aware that harm of a criminal nature has been committed (Nightingale, 1996). 6 Often, the victim is reluctant to pursue the cases through legal channels due to either an overall ambivalence toward the conduct or for fear that their own negligence may have been a contributing factor to the commission of the offence (Walsh and Schram, 1980). Furthermore, victims may feel that criminal justice processes may not repair the harm done in terms of returning financial losses. 6 The reader is cautioned to note that much of Nightingale s analysis is based on fraud offences of a commercial or corporate nature. 10 Statistics Canada Catalogue no XPE, Vol. 18, No. 4

12 Box 6 The Changing Nature of Credit Card Fraud Losses due to credit card fraud are rising dramatically and are of great concern to the industry. Up until the early 1990 s, most credit card fraud was based on lost or stolen cards. Since then, counterfeit and altered credit cards have surfaced as the newest type of credit card fraud. Although UCR police reported statistics do not specify the type of credit card fraud, the Canadian Banker s Association (CBA) reports that counterfeiting credit cards is one of the fastestgrowing categories of fraud in Canada and around the world. Overall, police reported statistics indicate that incidents of credit card fraud have increased (up 13% from 1995 to 1996), and information provided by the CBA indicates the same trend. In , the CBA reported 55,475 occurrences of credit card fraud, 23% which resulted from counterfeiting. In the number increased to 77,740 occurrences. The proportion of those stemming from counterfeiting increased to 32%. Counterfeit credit cards take on various forms. The basic principle behind each type of counterfeit credit card fraud is the theft of data, i.e. account numbers. These data, with the appropriate help of equipment such as embossing machines and laser copiers is then used in various schemes. There are pure counterfeit cards, which are manufactured through a silk screen process and then encoded with actual credit card customer data. A second type involves the use of genuine cards (stolen or expired) that are altered and re-impressed (embossed and/or encoded) with different numbers. A third technique simply involves the use of an ordinary plastic card onto which a number is appended. This white plastic fraud is used for fictitious purchases which requires the collusion of a merchant or an employee. According to the 1993 Organized Crime Committee Report (OCCR) launched by the Canadian Association of Chiefs of Police (CACP), and the CBA, the production of high-quality pure counterfeit cards is the fastest growing type of counterfeiting activity. According to the CBA (1996), the theft (23.5%), loss (22.2%), and counterfeiting (32.2%) of cards were by far the most common types of credit card fraud, accounting for nearly 8 in 10 of all reported occurrences. Other types of fraud reported by the CBA include non-receipts (8.6%), whereupon a mailed card does not reach its destination; fraudulent applications (3.3%), which involves the impersonation of credit worthy applicants; no card frauds (7.7%), in which someone else s card number is utilized to make purchases via the telephone, mail, or internet. Other type of credit card fraud was reported in 2.5% of occurrences. Commercial establishments most frequent target In 53% of cases known to police, fraud incidents were aimed against a commercial enterprise and in a further 28%, the target was a bank or financial institution (Table 5). For the most part, these two ranked first and second in all types of fraud, except other frauds. Although commercial establishments fell victim to other frauds in nearly half the cases, non-commercial establishments, such as government departments or social service agencies, were ranked second (22%). Given the breakdown of the targets, what proportion of these crimes were committed internally or were work place related? Results from Peat Marwick Thorne s (KPMG) 1997 Fraud Survey Report found that of the private and public companies responding, 62% reported that fraud had taken place in their organization compared to 52% from the previous year. The majority (55%) of the costs incurred from such behaviour was due to internal fraud (38% stemming from employees and 17% from management). It is important to note that although there was a higher proportion of incidents of employee misbehaviour, the average cost per incident of management fraud was significantly higher. Offenders most often males As with most other crimes, males represent the majority of those charged (71%). Compared to the total of property crimes and overall Criminal Code offences however, female involvement in fraud is relatively high (Table 6). Only the category of theft $5,000 and under represented a proportion of females charged that was slightly higher than frauds (31%). Among fraud offences, the proportion of women charged is highest for cheque frauds. Sources: CBA, 1996; Mativat & Tremblay, 1997; Clarke et al, 1995; CACP, Table 5 Fraud by Target of Incident, 1996 Target of Incident 1 % Cheque % Credit Card % Other % Total Fraud Fraud Fraud Fraud Commercial Establishments Banks/Financial Institutions Residences Non-Commercial Establishments Other Total Source: Canadian Centre for Justice Statistics, Revised Uniform Crime Reporting Survey, Represents a non-random sample of 154 police agencies accounting for 47% of the national volumeof crime. The data are not nationally representative. 1 Includes only those incidents where the target was known. 2 Includes any enterprise which is in business to market (retail or wholesale) or service products and whose function is to make profit for the owner(s). Examples includes department stores, restaurants hardware stores, gas stations, convenience stores, etc. 3 Includes single homes, apartment units and commercial residences. 4 Refers to enterprises that are not profit-oriented. Examples include churches or other religious institutions, government departments, penal institutions, private sector social service agencies, etc. 5 Due to rounding, totals may not add up to Amount too small to be expressed. Statistics Canada Catalogue no XPE, Vol. 18, No.4 11